Redundancy For employee off sick

geoff2915

I have a employeee who has been off sick for last two and a half years. This suited me due to the slowdown and I had no work for her and she was costing me nothing.
She now is asking if she can come back. I don't need her but also cannot afford to pay her any redundancy if she is due any.
Is she still entitled to a job at all or any redundancy?
She was a part time worker 2 days per week.

Any advice you can give me?

DubTony

If I wanted to give you a detailed reply, it could take me half the day. There's so much crap to go through. I'll just answer the question. Yes, she is entitled to her job. And if you don't have work for her she is entitled to redundancy.

Obviously her entitlement won't include the illness period and the calculation needs to be averaged over a 13 week period (I think) to get a correct figure.

The minefield here is all about communication. Did she send weekly sick certs? Did you contact her about when she was coming back to work? Is she fit for work?

2 and a half years is way too long to have an employee out sick. You should have sorted this out after 6 months.

Post more info here regarding length of service and wages. It might be easier to just pay her off (redundancy) than go through some sort of procedure. Did she send in certs? Did you communicate with her? I'll have a look at this when I'm better informed.